Blog Category Archives

SBW Ranked in Chambers and Partners USA for 2023

Savitt Bruce & Willey LLP has again been recognized as a prominent firm in Commercial Litigation according to the well-regarded Chambers and Partners USA Directory. Based on their research and interviews with both clients and other lawyers, Chambers noted that the firm provides “the perfect mix of strategy and practicality,” and “is especially renowned for its adept representation of ...

Savitt Bruce & Willey LLP has again been recognized as a prominent firm in Commercial Litigation according to the well-regarded Chambers and Partners USA Directory. Based on their research and ...

Can an Employer Consider an Applicant’s Off-Duty Use of Marijuana in Making a Hiring Decision? After January 1, 2024, Not in Washington…

A decade after recreational use of cannabis was legalized in Washington, the state recently enacted new restrictions on employers’ ability to consider off-duty use of marijuana in hiring. On May 9, 2023, Governor Inslee signed Senate Bill 5123 into law, which bars most employers’ from making hiring decisions based on off-the-job cannabis use or most pre-employment cannabis testing.  Specifically, ...

A decade after recreational use of cannabis was legalized in Washington, the state recently enacted new restrictions on employers’ ability to consider off-duty use of marijuana in hiring. On May ...

Protecting Trade Secrets in the Era of Generative Artificial Intelligence – Part I: Confidentiality

Generative AI has made headlines in recent months after the large language model ChatGPT launched for free public use. ChatGPT set the record for the fastest growing user base, obtaining 100 million monthly active users in only two months.[1] By March, that number had grown to over 1 billion users.[2] The allure of ChatGPT is that it can quickly ...

Generative AI has made headlines in recent months after the large language model ChatGPT launched for free public use. ChatGPT set the record for the fastest growing user base, obtaining ...

Who May Attend a Deposition in Washington? The Answer May Hinge on Where the Litigation is Pending

I wrote previously about the absence of prohibitions against non-participant attendance at a deposition, and thus the need for a protective order pursuant to Federal Rule of Civil Procedure 26(c)(1)(E)—or its Washington State counterpart, Civil Rule 26(c)(5)—if a party seeks to limit persons who may be present.  See https://www.sbwllp.com/unexpected-guests-who-may-attend-a-deposition/. But if the non-participant is another witness in the case, ...

I wrote previously about the absence of prohibitions against non-participant attendance at a deposition, and thus the need for a protective order pursuant to Federal Rule of Civil Procedure 26(c)(1)(E)—or ...

Dual Representation in Real Estate Transactions

Let’s say your current client wants to sell a piece of real property to a friend or business associate with whom he has an excellent relationship. The proposed transaction is straightforward, your client and the buyer are comfortable with the deal terms, and neither party expects any dispute to arise out of the transaction. The parties need an attorney ...

Let’s say your current client wants to sell a piece of real property to a friend or business associate with whom he has an excellent relationship. The proposed transaction is ...

Signing Your Deposition Transcript: To Waive or Not To Waive?

At the end of a deposition, pursuant to Washington Civil Rule 30(e), the court reporter typically asks the deponent’s attorney whether she would like to “reserve signature,” i.e., for the deponent to await her review of the transcript before she attests to its accuracy.  Most attorneys view this as the right of deponent and, as a matter of course, ...

At the end of a deposition, pursuant to Washington Civil Rule 30(e), the court reporter typically asks the deponent’s attorney whether she would like to “reserve signature,” i.e., for the ...

The Use of Trademarks in Video Games: Does “Realism” Serve as a Defense to Infringement?

The video game industry has grown exponentially over the last two decades and was supercharged by the COVID-19 pandemic.  As developers seek to build more realistic virtual worlds in their products, including both video games and the metaverse, they increasingly include trademarks, trade names and trade dress in these virtual worlds.  One important issue that confronts game developers is ...

The video game industry has grown exponentially over the last two decades and was supercharged by the COVID-19 pandemic.  As developers seek to build more realistic virtual worlds in their ...

Not-So-Significant Others: When Does the Presence of a Third Party Waive the Attorney-Client Privilege?

Suppose you represent the defendant in a lawsuit, and he wants his long-time significant other to participate in discussions about legal strategy that would be protected by the attorney-client privilege if they were strictly between you and your client. Could the significant other join in these conversations without impairing the privilege? RCW 5.60.060(2)(a) provides that “[a]n attorney or counselor ...

Suppose you represent the defendant in a lawsuit, and he wants his long-time significant other to participate in discussions about legal strategy that would be protected by the attorney-client privilege ...